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Strategic Judicial Decision Making

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  • Pablo T Spiller
  • Rafael Gely

Abstract

This survey paper starts from the basic, and intuitive, assumption that judges are human and as such, can be modeled in the same fashion we model politicians, activists, managers: driven by well-defined preferences, behaving in a purposive and forward-looking fashion. We explore, then, the role politics play in judicial decision-making. We provide a brief overview of what is called the "strategic approach," compare it to alternative approaches to understand judicial behavior, and offer some concluding thoughts about the future of positive analyses of judicial decision-making.

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Bibliographic Info

Paper provided by David K. Levine in its series Levine's Working Paper Archive with number 122247000000001409.

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Date of creation: 24 Aug 2007
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Handle: RePEc:cla:levarc:122247000000001409

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References

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  1. Kornhauser, Lewis A, 1992. "Modeling Collegial Courts. II. Legal Doctrine," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(3), pages 441-70, October.
  2. Ferejohn, John A. & Weingast, Barry R., 1992. "A positive theory of statutory interpretation," International Review of Law and Economics, Elsevier, vol. 12(2), pages 263-279, June.
  3. Eskridge, William N, Jr & Ferejohn, John, 1992. "Making the Deal Stick: Enforcing the Original Constitutional Structure of Lawmaking in the Modern Regulatory State," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(1), pages 165-89, March.
  4. Spiller, Pablo T., 1992. "Rationality, decision rules, and collegial courts," International Review of Law and Economics, Elsevier, vol. 12(2), pages 186-190, June.
  5. Toma, Eugenia Froedge, 1991. "Congressional Influence and the Supreme Court: The Budget as a Signaling Device," The Journal of Legal Studies, University of Chicago Press, vol. 20(1), pages 131-46, January.
  6. Spiller, Pablo T & Spitzer, Matthew L, 1995. "Where Is the Sin in Sincere? Sophisticated Manipulation of Sincere Judicial Voters (With Applications to Other Voting Environments)," Journal of Law, Economics and Organization, Oxford University Press, vol. 11(1), pages 32-63, April.
  7. Spiller, Pablo T & Tiller, Emerson H, 1997. "Decision Costs and the Strategic Design of Administrative Process and Judicial Review," The Journal of Legal Studies, University of Chicago Press, vol. 26(2), pages 347-70, June.
  8. Weingast, Barry R & Moran, Mark J, 1983. "Bureaucratic Discretion or Congressional Control? Regulatory Policymaking by the Federal Trade Commission," Journal of Political Economy, University of Chicago Press, vol. 91(5), pages 765-800, October.
  9. de Figueiredo, Rui J P, Jr & Spiller, Pablo T & Urbiztondo, Santiago, 1999. "An Informational Perspective on Administrative Procedures," Journal of Law, Economics and Organization, Oxford University Press, vol. 15(1), pages 283-305, April.
  10. Garrett, Geoffrey & Kelemen, R. Daniel & Schulz, Heiner, 1998. "The European Court of Justice, National Governments, and Legal Integration in the European Union," International Organization, Cambridge University Press, vol. 52(01), pages 149-176, December.
  11. Becker, Gary S, 1983. "A Theory of Competition among Pressure Groups for Political Influence," The Quarterly Journal of Economics, MIT Press, vol. 98(3), pages 371-400, August.
  12. Gely, Rafael & Spiller, Pablo T, 1990. "A Rational Choice Theory of Supreme Court Statutory Decisions with Applications to the State Farm and Grove City Cases," Journal of Law, Economics and Organization, Oxford University Press, vol. 6(2), pages 263-300, Fall.
  13. Toma, Eugenia F., 1996. "A contractual model of the voting behavior of the supreme court: The role of the chief justice," International Review of Law and Economics, Elsevier, vol. 16(4), pages 433-447, December.
  14. Ramseyer, J Mark & Rasmusen, Eric B, 1997. "Judicial Independence in a Civil Law Regime: The Evidence from Japan," Journal of Law, Economics and Organization, Oxford University Press, vol. 13(2), pages 259-86, October.
  15. Tiller, Emerson H & Spiller, Pablo T, 1999. "Strategic Instruments: Legal Structure and Political Games in Administrative Law," Journal of Law, Economics and Organization, Oxford University Press, vol. 15(2), pages 349-77, July.
  16. Spiller, Pablo T & Spitzer, Matthew L, 1992. "Judicial Choice of Legal Doctrines," Journal of Law, Economics and Organization, Oxford University Press, vol. 8(1), pages 8-46, March.
  17. Ramseyer, J Mark, 1994. "The Puzzling (In)dependence of Courts: A Comparative Approach," The Journal of Legal Studies, University of Chicago Press, vol. 23(2), pages 721-47, June.
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Cited by:
  1. Ariane Lambert-Mogiliansky & Konstantin Sonin & Ekaterina Zhuravskaya, 2007. "Are Russian Commercial Courts Biased? Evidence from a Bankruptcy Law Transplant," Working Papers w0099, Center for Economic and Financial Research (CEFIR).

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